Telangana High Court

WP/35035/2023 of Kandada Umashankar Vs The State of Telangana on 29 December 2023

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD .r (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER T TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 35035 OF 2023 Between: Kandada Umashankar, S/o Shivanandappa, aged

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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD.r (Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBER T)TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 35035 OF 2023

Between:

Kandada Umashankar, S/o Shivanandappa, aged about 43 years, Occ;pvtEmployee, R/o Theegapur Village, Kothur Mandal, Ranga Reddy tiistrict.

.....PETITIONER

AND

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1. The State of Telangana, Represented by its Principal Secretary, RevenueDepartment, Secretariat Build ings, Hyderabad.Department, Secretariat Build ings, Hyderabad.

2. The District Collector, Ranga Reddy District.

3. The Tahsildar-cum-Joint Sub-Registrar, Kothur Mandal, Ranga Reddy District.

.....RESPONDENTSPetition Under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ order or direction more particularly one in the nature ofwrit of mandamus declaring the in action of the Respondents 2 and 3 being theappellate authority and Registrar under THE TELANGANA RIGHTS lN LANDAND PATTADAR PASS BOOKS ACT, 2O2O. ACT No.g OF 2020 respectivety inamending and updating of record of rights in the village records and issuing of anew Pattadar Pass Book - cum - Title Deed for the Agriculture land admeasuringAc. 0.29 Gts in Sy.No.'131/2 of Theegapur Villagre, Kothur Mandal, Ranga ReddyDistrict in favour of the petitioner in spite of writlen representations and onlineapplications to the Respondents 2 and 3 is lllegal, arbitrary, not in compliancewith Section 5 (6) of THE TELANGANA RIGHTS lN LAND AND PATTADARPASS BOOKS ACT,2O2O. ACT No.9 OF 2020'and violative of Articte 14, 21 and30O-A of Constitution of lndia and consequently direct the respondents to issue a new Pattadar Pass Book-cum-Title Deed in my name after rectifying the wrongentries made in the village records and Dharani Portal in respect of Agricultureland in Sy.No.131/2 admeasuring Ac. 0.29 Gts situated Teegapur Village, KotturiMandal, Ranga Reddj'District.

!.A.NO:1 OF 2023li,Petition Under Section 151 CPC praying that in the circumstances statedIin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondents'forthwith issue a new Pattadar pass Book cum - TifleDeed in the name ['of ]the petitioner with regard to the agricultural landadmeasuring Ac. 0.29 Gts in Sy.No.13112 of Theegapur Village, Kothur Mandal,Ranga Reddy District after effecting suitable changes in the revenue recordspending disposal of the writ petition.

Counsel for the Petitioner : SRI V.RAMESH KUMAR

Counsel for the Respondents : AGP FOR REVENUEThe Court made the following ORDERThe Court made the following ORDER

THE HONOURABLE SRIJUSTICE B. VTJAYSEN [REDDY]WRIT PETITION No.35035 OF 2023

ORDER: (ORAL)

This writ petition is filed by the petitioner seeking to declareaction of respondent Nos.2 and 3 in not considering the [petitioner's]online application bearing No.2300113581 dated 15.07.2023 [for]rectification of revenue entries (Dharani portal) and for issuinge-paltad{ passbook in respect of his land admeasuring Ac.0-29guntas in Survey No. l3l/2dll situated at Theegapur Village,KotturMandal,Ranga Reddy District, as being illegal andarbitrary

2. Heard leamed Counsel for the petitioner, learned AssistantGovemment Pleader for Revenue appearing for respondents, andperused the material on record.

3. Learned counsel for the petitioner has submitted that thepetitioner has inherited land admeasuring Acs.3-38 % guntas inSurvey No. I 3 I /2 along with lands in other Survey numberssituated at Theegapur Vittage, Kottur MaMal, Ranga ReddyDistrict, by virtue of famity partition. The petitioner and his

brothers sold part of their lands fell to their shares to Mrs.Upendramma Wo. Baswaraju and Mrs. Kandada Hemalatha Wo.Kotappa under registered sale deeds vide document Nos.4l09 of2009 and 4110 of 2009 dated 02.07.2009. The petitioner soldKotappa under registered sale deeds vide document Nos.4l09 of2009 and 4110 of 2009 dated 02.07.2009. The petitioner soldadmeasuring Ac.0-28 guntas to Mrs. Bharathamma and Ac.0-21guntas to Smt. Kandada Hemalatha and Acs. l-j9 % guntas toothers out of Acs.3-38 lz guntas and left with Ac.0-29 guntas inSurvey No. I 3 I /2. However, in the Dharani records and the e-others out of Acs.3-38 lz guntas and left with Ac.0-29 guntas inSurvey No. I 3 I /2. However, in the Dharani records and the e-pattadar passbook issued to the petitioner the subject land wasincorrectly shown as Ac.0-01 gunta in Survey No. l3l/2t5ll insteadof Ac.0-29 guntas.incorrectly shown as Ac.0-01 gunta in Survey No. l3l/2t5ll insteadof Ac.0-29 guntas.

4. After noticing the same, petitioner has approachedrespondent No.3 seeking correction of revenue entries in respect ofthe subject land. That on being advised, the petitioner hassubmitted online applicarion through Dharani portal bearingNo.2300113581 dated 15.07.2023 for recrification of revenueenkies (Dharani portal) and for issuing e-pattadar passbook.Grievance of the petitioner is respondent authorities are not acting upon his application, as such, he is constrained to approach thisCourt.

5. Leamed Assistant Govemment Pleader for Revenueappearing for respondents has submitted that appropriate actionwill be taken on the online application submitted by the petitionerin accordance with law.

6. Recording the aforesaid submission of the leamed AssistantGovernment Pleader for Revenue, without going into the merits ofcase, the writ petition is disposed of directing respondent Nos.2and 3 to consider petitioner's Dharani application bearingNo.230011358 I dated 15.07.2023 for rectification of revenueentries (Dharani portal) and for issuing e-pattadar passbook inrespect of his land admeasuring Ac.0-29 guntas in SurveyNo.131/2i1ll situated at Theegapur Village, Kottur Mandal, RangaReddy District,by issuing notice to all concemed/interestedpersons, and pass orders, in accordance with law, within a periodof two (2) months from the date of receipt of a copy of this order.No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

SD/- N. CHANDRA SEKHAR RAOASSISTANT REGISTRAR//TRUE COPY//

SECTN OFFICER

ToI1. The Principal seirbtary,.Revenue Department, secretariat Buirdings, state ofTelangana at Hyderabad.1. The Principal seirbtary,.Revenue Department, secretariat Buirdings, state ofTelangana at Hyderabad.

2. The District Collector, Ranga Reddy District.

3. The Tahsildar-ctinf-Joint sub-Registrar, Kothur Mandal, Ranga Reddy District.4. Two CCs to GP Fcjr Revenue, High Court for the State of Telangana atHyderabad. [OUT]4. Two CCs to GP Fcjr Revenue, High Court for the State of Telangana atHyderabad. [OUT]

5. One CC to Sri V.Ramesh Kumar, Advocate [OpUC]6. Two CD Copies [,]SAGJP\*"- ,liIIHIGH COURT IIi DATED:2911212023

ORDER

WP.No.35035 of 2023

DISPOSING OF THE W.P

WITHOUT COSTS.

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